House Bill 2107
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Florida House of Representatives - 1999 HB 2107
By Representative Greenstein
1 A bill to be entitled
2 An act relating to correctional work programs;
3 providing a short title; amending s. 946.40,
4 F.S.; revising provisions relating to the use
5 of prisoners in public works; specifying types
6 of work to be performed under agreements for
7 the use of inmate labor between the Department
8 of Corrections and a political subdivision of
9 the state; requiring the department to enter
10 into such agreements; specifying the entities
11 which may request the department to provide
12 inmate labor; providing a restriction;
13 providing a limit on the number of inmate
14 laborers to be provided pursuant to a request;
15 requiring the department to provide supervision
16 of such inmates; providing that work performed
17 by inmates shall be without charge or expense;
18 providing exceptions; providing a restriction
19 on eligibility for an inmate labor program;
20 providing an effective date.
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22 WHEREAS, highway accidents which occur as the result of
23 road debris are a serious and overlooked highway safety
24 problem, and
25 WHEREAS, highway accidents in the state caused by road
26 debris numbered almost 700 in 1997, and
27 WHEREAS, injuries suffered in accidents caused by road
28 debris, statewide, numbered more than 350 in 1997, and
29 WHEREAS, one recent highway accident caused by road
30 debris which received considerable public attention involved
31 Stephanie Murray, and
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Florida House of Representatives - 1999 HB 2107
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1 WHEREAS, Stephanie Murray was returning by car from a
2 school awards ceremony in June 1998 when a metal rod, three
3 feet long and three-quarters of an inch thick, was propelled
4 through the windshield of her car, impaling Stephanie Murray
5 to her seat and missing her aorta by barely more than a
6 quarter of an inch, and
7 WHEREAS, it is the intent of this act to address and
8 correct the serious problem of highway accidents which occur
9 as the result of road debris on the highways of this state
10 through the use of inmate labor, NOW, THEREFORE,
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. This act shall be known and may be cited as
15 the "Stephanie Murray Act."
16 Section 2. Section 946.40, Florida Statutes, is
17 amended to read:
18 946.40 Use of prisoners in public works.--
19 (1)(a) The Department of Corrections shall, subject to
20 the availability of funds appropriated for that purpose, and,
21 in the absence of such funds, may, enter into agreements with
22 such political subdivisions in the state, as defined by s.
23 1.01(8), including municipalities; with such agencies and
24 institutions of the state; and with such nonprofit
25 corporations as might use the services of inmates of
26 correctional institutions and camps when it is determined by
27 the department that such services will not be detrimental to
28 the welfare of such inmates or the interests of the state in a
29 program of rehabilitation.
30 (b) Agreements entered into between the department and
31 a political subdivision of the state may provide for:
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Florida House of Representatives - 1999 HB 2107
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1 1. The maintenance of county roads and rights-of-way
2 not under the jurisdiction of the Department of
3 Transportation.
4 2. The removal of litter on public grounds,
5 rights-of-way, lakes, streams, and the shores of lakes and
6 streams.
7 3. The removal of litter on highways, rights-of-way,
8 and road shoulders under the jurisdiction of the Department of
9 Transportation.
10 (c) The department shall furnish inmate labor when
11 available, as authorized under this section, for state,
12 municipal, and county roads, highways, streets, and
13 rights-of-way when requested by the sheriff of any county, the
14 chief of police of any municipality, or the governing body of
15 the county or municipality in which the road, highway, street,
16 or right-of-way is located. The department shall also furnish
17 such inmate labor when available, as authorized under this
18 section, for state highways, road shoulders, and rights-of-way
19 when requested by the Department of Transportation. The
20 governing body of a county or municipality, sheriff of a
21 county, or chief of police of a municipality shall not request
22 such inmate labor unless it has first determined that the use
23 of inmate labor will not result in the displacement of
24 employed workers in the community.
25 (d) An agreement entered into between the department
26 and a political subdivision of the state pursuant to a request
27 for the use of inmate services as provided in paragraph (c)
28 shall be limited to the use of no more than 20 inmates and
29 shall provide for supervision of such inmates by the
30 department. An agreement for use of fewer than 15 minimum
31 custody inmates and medium custody inmates may provide that
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Florida House of Representatives - 1999 HB 2107
706-106A-99
1 supervision will be either by the department or by the
2 political subdivision, institution, nonprofit corporation, or
3 agency using the inmates. The department is authorized to
4 adopt rules governing work and supervision of inmates used in
5 public works projects, which rules shall include, but shall
6 not be limited to, the proper screening and supervision of
7 such inmates. Inmates may be used for these purposes without
8 being accompanied by a correctional officer, provided the
9 political subdivision, municipality, or agency of the state or
10 the nonprofit corporation provides proper supervision pursuant
11 to the rules of the Department of Corrections.
12 (2) All work performed by inmates pursuant to this
13 section shall be performed without charge or expense to the
14 political subdivision requesting such work, except for
15 transportation costs of the inmate labor unit and costs of
16 materials utilized in any maintenance performed. The budget of
17 the department may be reimbursed from the budget of any state
18 agency or state institution for the services of inmates and
19 personnel of the department in such amounts as may be
20 determined by agreement between the department and the head of
21 such agency or institution. However, No political subdivision
22 of the state shall be required to reimburse the department for
23 such services.
24 (3) The department shall not be required to provide
25 supervision for minimum custody inmates or medium custody
26 inmates unless there is adequate notice of the need for the
27 services of at least 15 such inmates.
28 (4) No person convicted of sexual battery pursuant to
29 s. 794.011 is eligible for any program under the provisions of
30 this section.
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Florida House of Representatives - 1999 HB 2107
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1 (5) No person under 18 years of age is eligible for
2 any program under the provisions of this section.
3 Section 3. This act shall take effect October 1, 1999.
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6 HOUSE SUMMARY
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Revises provisions relating to the use of prisoners in
8 public works, to specify types of work to be performed
under agreements for the use of inmate labor between the
9 Department of Corrections and a political subdivision of
the state. Requires the department to enter into such
10 agreements. Specifies the entities which may request the
department to provide inmate labor. Provides a
11 restriction on such use. Provides a limit on the number
of inmate laborers to be provided pursuant to a request.
12 Requires the department to provide supervision of such
inmates. Provides that work performed by inmates shall be
13 without charge or expense and provides exceptions.
Provides a restriction on eligibility for an inmate labor
14 program. Titles the act the "Stephanie Murray Act."
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